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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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Company bought another company at the start of this year. My

Resolved Question:

Company bought another company at the start of this year. My departmental bosses were replaved by emoloyess from the new company. Been told my office to be closed and work relocated from Scotland to south England. 1st consultation set for next week. Suspect we will be gone for end of the year .Current comments from company is office closure is a proposal,(budget cuts)but acknowledge they told landlord off building closure the day before they spoke to us . Company want to reduce staff numders ,ie 2 supervisors,1 in england and 1 in Scotland ,to 1 supetvisor etc.I Want to secure best pay out I can. Company will pay minimum. However , the man who was given the job of investigating best closure plan-cost savings etc, and doing the redundancies is in a relationship with the English supervisor and I am the Scottish supervisor. Should I bring this up with him during negotiating redundancy pay or go tribunal after the fact? I need as much money as I can get. Salary is 29k. 18 years with company. What sort of figure should I be looking at. Any other info could help me,?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

"The purpose of consultation is that the employer should set out what is proposed as a basis for discussion. The proposals
do not have to be the employer’s final and unalterable thoughts; on the contrary, they cannot be for the

aim is to achieve agreement with the appropriate representatives, and the employer must therefore
enter discussions in a frame of mind that is open to persuasion. If a redundancy situation is presented as a fait accompli then subsequent consultations may be not be considered genuine." That is a quote from the ACAS website. From your narrative it would appear that the employer has prejudged the situation and is indicative that the employer has no intention of entering the consultation process on a genuine basis. That may give you a negotiating position which might result in your getting a higher payment on the basis that the employer won't want to go through the hassle of a tribunal in Scotland when they are moving to England. You don't say what age your are so I can't work out what your statutory redundancy payment would be but if you could negotiate up to 50% again that would perhaps be achievable? As regards ***** ***** with the English supervisor I don't think that that would be too relevant to your situation unless you have any further information about this. I hope that helps and I am happy to discuss further. I will be back online this evening.

Customer: replied 1 year ago.
Hi. The landlord was told the day before we were and the final cheque was requested for them on the day they told us the proposal. During proposal with team they told office office look plan has to change also... another thing to suggest it's a done deal. guess this is my route then. I am 49 on 18 years at 30 k salary.....company pays no more than Gov basic.......but I believe I have a window to negotiate upwards.
Expert:  JGM replied 1 year ago.

I calculate that your statutory redundancy would be about £10450. I do agree with you that you would have a window to negotiate upwards it's difficult to say to what extent but certainly another 50% as I said before although were to apply for unfair dismissal and win, your claim would exceed that substantially and they will know that.

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